Kolkata: The Calcutta High Court on Friday February 18 dismissed a public interest litigation (PIL) seeking removal of West Bengal Governor Jagdeep Dhankhar for indulging in unconstitutional activities.
The division bench of Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj said the court has no right to seek clarifications from the Governor on any of his actions.
Chief Justice Srivastava observed that Article 361 of the Constitution provides that the Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. He added that counsel for the petitioner in this case was not able to state the exact reasons behind filing the petition.
The PIL was filed by lawyer Rama Prasad Sarkar seeking removal of the Governor as he was indulging in unconstitutional activities. Counsel for the petitioner also appealed for the transfer of the hearing to any other state.
On behalf of the Union government, Solicitor General Tushar Mehta argued that such petitions are not only baseless but are also done with a propaganda motive.
“So the petitioner should be fined so that no one in the future can dare to file similar petitions,” he said.
The court, however, didn’t impose any fine on the petitioner.